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What factors must be present for a charge of embezzlement?

From drunk driving to money laundering, when people are suspected of committing a crime, it is likely that if the right amount of evidence is found, they will be charged and convicted. Embezzlement, like many white collar crimes, has serious consequences for those who are found guilty. However, if you are suspected of this crime, there are certain elements that must be present before you can be charged.

The following factors must be present for an embezzlement charge:

  • The defendant intentionally committed the crime.
  • The two parties had a fiduciary relationship.
  • The property defendant acquired was through the relationship.
  • The defendant took ownership of the property that was acquired or transferred it to someone else.

Although there may be proof that a crime was committed by someone, that doesn't mean that the person being charged is guilty. When it comes to embezzlement charges, they should do what they can to avoid being charged and convicted. There may only be so much they can do to prove their innocence, so there may come a point where they will have to focus on getting a lesser sentence or a punishment that's not as harsh.

If you've been charged with embezzlement that does not necessarily mean that you are guilty of this crime, your case needs to be assessed. But in order to prove your innocence, you may want to consider getting the assistance of an attorney. An attorney may be able to help you get your charges reduced or even dropped completely.

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